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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Granting of bail to be monitored and legislation amended if necessary That the operation of bail legislation should be closely monitored by each government to ensure that the entitlement to bail, as set out in the legislation, is being recognised in practice. Furthermore, the Commission recommends that the factors highlighted in this report as relevant to the granting of bail be closely considered by police administrators. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: NSW Police Service Implementation report The NSW Police Service instructs police officers to apply the Bail Act 1978 which provides that every person accused of an offence is presumed to be entitled to bail with the exception of certain offences (Commissioner’s Instruction 155). In addition the requirement to provide rapid and appropriate bail determinations and to reduce the number of people going into police custody is a primary strategy of the Service. That strategy is being implemented through the Bail Act 1978. Changes to the Bail Act 1978 came into effect on 11 December 1998, These changes:
These amendments ensure that detainees are made aware of the provisions of the Bail Act 1978, and that there is a right of review immediately available should a person be refused bail by a police officer. In the past, a person refused bail could only seek review by a Judicial Officer. If the person was charged outside of usual court sitting times, the person had to be detained in custody until the next sitting of the court. The new provisions represent another mechanism to ensure that Aboriginal people are not inappropriately detained in custody. The Police Service Handbook also encourages the use of Court Attendance Notices (CAN) for all persons who would have been charged and given unconditional bail. Although CAN usage has increased dramatically in all areas, the percentage of persons bailed (conditionally) immediately after charge has not been affected. In December 1998, rollout of the Service’s Charge Management System was completed and fully operational throughout the State. This allows immediate access to the numbers of people who receive bail. Implementation status Partially implemented Future reporting in Part A |
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